On July 24, 2018 a
Order
was filed
involving a dispute between
Clarke Priscilla,
and
Wilkins Lewis,
for civil
in the District Court of Los Angeles County.
Preview
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
Central District, Spring Street Courthouse, Department 25
18STLC09925 February 3, 2020
PRISCILLA CLARKE vs LEWIS WILKINS 10:30 AM
Judge: Honorable James E. Blancarte CSR: None
Judicial Assistant: S. Gabb ERM: Electronically Recorded
Courtroom Assistant: S. Shumate Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Steve Lopez
For Defendant(s): Robert Tokar
NATURE OF PROCEEDINGS: Hearing on Motion for Summary Judgment
The Court's tentative ruling is posted online and in open court for parties to review.
The matter is called for hearing.
After hearing oral argument from the parties, the Court adopts its tentative ruling as the final
order of the court, as follows:
Plaintiff Priscilla Clarke’s Amended Motion for Summary Judgment is DENIED.
OPPOSITION: Filed on January 21, 2020
REPLY: Filed on January 27, 2020
I. Background
On July 28, 2018, Plaintiff Priscilla Clarke (“Plaintiff”) filed the instant action for breach of
contract and common counts against her brother Defendant Lewis Wilkins (“Defendant”). The
action arises from a Promissory Note dated July 1, 2010 for $20,000.00 between Defendant and
Phillip Clarke, Plaintiff’s husband who not a party to this action. (Plf. Exhibit List, Exh.C.)
Defendant is the Trustee of the Betty J. Wilkins Living Trust, which owns real property located
at 11522 Promenade Dr., Santa Fe Springs, CA 90670 (the “Subject Property”). Plaintiff
contends that the money was borrowed to “make payments” on the Subject Property. (Priscilla
Clarke Decl., ¶ 5.)
On May 28, 2019, Plaintiff filed a Motion for Leave to Amend the Complaint (“Motion for
Leave”). On July 12, 2019, Plaintiff filed a Motion for Summary Judgment. On September 19,
2019, Defendant filed an Opposition the Motion for Summary Judgment. The Motion for
Minute Order Page 1 of 6
Document Filed Date
February 03, 2020
Case Filing Date
July 24, 2018
Status
Request for Dismissal - Before Trial not following ADR or more than 60 days since ADR
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Spring Street Courthouse, Department 25 18STLC09925 February 3, 2020 PRISCILLA CLARKE vs LEWIS WILKINS 10:30 AM Judge: Honorable James E. Blancarte CSR: None Judicial Assistant: S. Gabb ERM: Electronically Recorded Courtroom Assistant: S. Shumate Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Steve Lopez For Defendant(s): Robert Tokar NATURE OF PROCEEDINGS: Hearing on Motion for Summary Judgment The Court's tentative ruling is posted online and in open court for parties to review. The matter is called for hearing. After hearing oral argument from the parties, the Court adopts its tentative ruling as the final order of the court, as follows: Plaintiff Priscilla Clarke’s Amended Motion for Summary Judgment is DENIED. OPPOSITION: Filed on January 21, 2020 REPLY: Filed on January 27, 2020 I. Background On July 28, 2018, Plaintiff Priscilla Clarke (“Plaintiff”) filed the instant action for breach of contract and common counts against her brother Defendant Lewis Wilkins (“Defendant”). The action arises from a Promissory Note dated July 1, 2010 for $20,000.00 between Defendant and Phillip Clarke, Plaintiff’s husband who not a party to this action. (Plf. Exhibit List, Exh.C.) Defendant is the Trustee of the Betty J. Wilkins Living Trust, which owns real property located at 11522 Promenade Dr., Santa Fe Springs, CA 90670 (the “Subject Property”). Plaintiff contends that the money was borrowed to “make payments” on the Subject Property. (Priscilla Clarke Decl., ¶ 5.) On May 28, 2019, Plaintiff filed a Motion for Leave to Amend the Complaint (“Motion for Leave”). On July 12, 2019, Plaintiff filed a Motion for Summary Judgment. On September 19, 2019, Defendant filed an Opposition the Motion for Summary Judgment. The Motion for Minute Order Page 1 of 6